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Judgment
Heard learned counsel for the petitioners and learned AC to SC 27 for the State.
The Court is at loss to understand as to why no affidavits are filed on behalf of the respondents in old matters, which are pending for years. Copy of the application has been served on learned counsel for the State on 11.09.2015, but till date no affidavit has been filed on behalf of the authorities.
The present application has been filed seeking review of order dated 30.11.2011 passed in CWJC No. 14994 of 2005.
Learned counsel for the petitioners submitted that they were respondents no. 6 to 8 in the said writ petition and by the order impugned, there was a direction to the Circle Officer, Barharia to look into the matter and if encroachment is found then the same was to be removed in accordance with law so that the entire road is made free for public use. It was submitted that the said exercise was directed to be completed within three months. Learned counsel submitted that in terms of the order, after three years, on 10.07.2014, the petitioners were issued show cause notice with regard to their lands, alleging that they were encroachers. However, learned counsel submitted that the land belongs to them and it is their private raiyati land, over which their title has been confirmed by the Civil Court. It was submitted that despite reply being filed by the petitioners; on the one hand, no order has been passed and on the other hand the authorities are not permitting the petitioners to repair their houses, which is causing hardship to them. It was submitted that the authorities are misusing the order of the Court for extraneous consideration.
Having regard to the aforesaid, the application stands disposed off with a direction to the opposite party no. 9 to take the proceedings of Encroachment Case No. 09/2013-14 to its logical conclusion, if already not done, latest within one month from the date of production of a copy of this order before him. Failure to do so would lead to serious consequences. The District Magistrate-cum-Collector, Siwan (opposite party no. 7) is also directed to ensure such compliance, failing which he too shall be personally liable. Let a copy of this order be also served on the opposite party no. 7.
Before parting, in view of no affidavit having been filed in the matter, even after more than four years, the Court deems it appropriate to impost cost of Rs. 10,000/- on the authorities. The same be deposited in the Juvenile Justice Fund of the State Social Welfare Department, within two weeks and receipt filed, failing which the Registry shall place the matter before the Bench.